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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Western Farmers Electric Cooperative ) File No.: EB-FIELDSCR-14-00015093
)
Owner of Antenna Structure No. 1010417 ) NOV No.: V201432500023
)
Frederick, Oklahoma )
NOTICE OF VIOLATION
April 23, 2014
By the District Director, Dallas Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to Western Farmers Electric
Cooperative, owner of antenna structure number 1010417 in Frederick,
Oklahoma. Pursuant to Section 1.89(a) of the Rules, issuance of this
Notice does not preclude the Enforcement Bureau from further action if
warranted, including issuing a Notice of Apparent Liability for
Forfeiture for the violation(s) noted herein.^
2. On April 2, 2014, an agent of the Enforcement Bureau's Dallas Office
inspected antenna structure number 1010417 located in Frederick,
Oklahoma, and observed the following violation(s):
a. 47 C.F.R. S 17.4(g): "The Antenna Structure Registration Number must
be displayed in a conspicuous place so that it is readily visible
near the base of the antenna structure. Materials used to display the
Antenna Structure Registration number must be weather-resistant and
of sufficient size to be easily seen at the base antenna structure."
At the time of inspection, the Antenna Structure Registration number
was not posted near the base of the structure.
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended,^ and Section 1.89 of the Rules, we seek additional
information concerning the violations and any remedial actions taken.
Therefore, Western Farmers Electric Cooperative must submit a written
statement concerning this matter within twenty (20) days of release of
this Notice. The response (i) must fully explain each violation,
including all relevant surrounding facts and circumstances, (ii) must
contain a statement of the specific action(s) taken to correct each
violation and preclude recurrence, and (iii) must include a time line
for completion of any pending corrective action(s). The response must
be complete in itself and must not be abbreviated by reference to
other communications or answers to other notices.^
4. In accordance with Section 1.16 of the Rules, we direct Western
Farmers Electric Cooperative to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Western Farmers Electric Cooperative
with personal knowledge of the representations provided in Western
Farmers Electric Cooperative's response, verifying the truth and
accuracy of the information therein,^ and confirming that all of the
information requested by this Notice which is in the entity's
possession, custody, control, or knowledge has been produced. To
knowingly and willfully make any false statement or conceal any
material fact in reply to this Notice is punishable by fine or
imprisonment under Title 18 of the U.S. Code.^
5. All replies and documentation sent in response to this Notice should
be marked with the File No. and NOV No. specified above, and mailed to
the following address:
Federal Communications Commission
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, TX 75243
6. This Notice shall be sent to Western Farmers Electric Cooperative at
its address of record.
7. The Privacy Act of 1974^ requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas District Office
South Central Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ 47 U.S.C. S 403.
^ 47 C.F.R. S 1.89(c).
^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
the Federal Communications Commission and which is required by any law,
rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification,
certificate, statement, oath or affidavit by the person making the same,
may be supported, evidenced, established or proved by the unsworn
declaration, certification, verification, or statement in writing of such
person . . . . Such declaration shall be subscribed by the declarant as
true under penalty of perjury, and dated, in substantially the following
form . . . : `I declare (or certify, verify, or state) under penalty of
perjury that the foregoing is true and correct. Executed on (date).
(Signature)'." 47 C.F.R. S 1.16.
^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.
^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission